Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 271/09
Hearing date 7 Oct 2009 - 16 Oct 2009 (2 days)
Determination date 11 August 2009
Member M Urlich
Representation A McInally ; D Cowan
Location Auckland
Parties Hassan v South City Auto Towing Ltd
Summary JURISDICTION – Whether applicant commenced employment with respondent – Applicant claimed worked for respondent as tow truck driver and domestic – Applicant argued unpaid and unjustifiably dismissed – Respondent claimed applicant did not work as tow truck driver because did not have requisite licence classification – Respondent argued parties agreed to unpaid training period while applicant obtained necessary classification – Respondent claimed applicant ended relationship before could commence tow truck driving duties – Authority found no evidence that applicant would be paid during training period – Found classification necessary precondition to employment – Found no evidence applicant worked as tow truck driver or domestic – No employment relationship – Tow truck driver
Result Application dismissed ; Costs reserved
Main Category Jurisdiction
Number of Pages 7
PDF File Link: aa 271_09.pdf [pdf 21 KB]